{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/16.1-129.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/16.1-129.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/16.1-129.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/16.1-129.2.html"}],"law_id":349520,"edition_id":2,"section_id":349520,"structure_id":50065,"section_number":"16.1-129.2","catch_line":"Procedure when warrant defective","history":"1968, c. 495.","full_text":"Upon the trial of a warrant, the court may, upon its own motion or upon the request either of the attorney for the prosecution or for the accused, amend the form of the warrant in any respect in which it appears to be defective. But when the warrant is so defective in form that it does not substantially appear from the same what is the offense with which the accused is charged, or even when it is not so seriously defective, the judge of the court having examined on oath the original complainant, if there be one, or if he sees good reason to believe that an offense has been committed, then without examination of witnesses, may issue under his own hand his warrant reciting the offense and requiring the defendant in the original warrant to be arrested and brought before him. Upon the arrest of the defendant on the new warrant and his production or appearance in court the trial shall proceed upon the new warrant. When there is an amendment of the original warrant the trial shall proceed on the amended warrant. But whether the warrant is amended or a new warrant is issued, the court before proceeding to trial on the same may grant a continuance to the prosecution or to the defendant upon such terms as to costs as may be proper under the circumstances of the case; provided, however, that if the warrant be amended or if a new warrant be issued after any evidence has been heard, the accused shall be entitled to a continuance as a matter of right.\n\nWhen a warrant is amended or a new warrant is issued the costs already accrued shall be taxed against the defendant, if he is ultimately convicted, as a part of the costs arising under the new or amended warrant.\n\n","order_by":null,"text":{"0":{"id":1302548,"text":"Upon the trial of a warrant, the court may, upon its own motion or upon the request either of the attorney for the prosecution or for the accused, amend the form of the warrant in any respect in which it appears to be defective. But when the warrant is so defective in form that it does not substantially appear from the same what is the offense with which the accused is charged, or even when it is not so seriously defective, the judge of the court having examined on oath the original complainant, if there be one, or if he sees good reason to believe that an offense has been committed, then without examination of witnesses, may issue under his own hand his warrant reciting the offense and requiring the defendant in the original warrant to be arrested and brought before him. Upon the arrest of the defendant on the new warrant and his production or appearance in court the trial shall proceed upon the new warrant. When there is an amendment of the original warrant the trial shall proceed on the amended warrant. But whether the warrant is amended or a new warrant is issued, the court before proceeding to trial on the same may grant a continuance to the prosecution or to the defendant upon such terms as to costs as may be proper under the circumstances of the case; provided, however, that if the warrant be amended or if a new warrant be issued after any evidence has been heard, the accused shall be entitled to a continuance as a matter of right.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1302549,"text":"When a warrant is amended or a new warrant is issued the costs already accrued shall be taxed against the defendant, if he is ultimately convicted, as a part of the costs arising under the new or amended warrant.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":50065,"edition_id":2,"name":"Procedure in Criminal Cases","identifier":"2","label":"article","depth":3,"order_by":2,"parent_id":50063,"metadata":{"child_laws":15,"child_structures":0},"date_created":"2026-08-02 02:21:18","date_modified":"2026-08-02 12:29:58","permalink":{"id":1389711,"object_type":"structure","relational_id":50065,"identifier":"2","token":"16.1\/7\/2","url":"\/16.1\/7\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50063,"edition_id":2,"name":"Jurisdiction and Procedure in Criminal Matters","identifier":"7","label":"chapter","depth":2,"order_by":4,"parent_id":50057,"metadata":{"child_laws":21,"child_structures":2},"date_created":"2026-08-02 02:21:18","date_modified":"2026-08-02 12:29:57","permalink":{"id":1389683,"object_type":"structure","relational_id":50063,"identifier":"7","token":"16.1\/7","url":"\/16.1\/7\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50057,"edition_id":2,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":48,"parent_id":null,"metadata":{"child_laws":446,"child_structures":47},"date_created":"2026-08-02 02:21:14","date_modified":"2026-08-02 12:29:57","permalink":{"id":1387921,"object_type":"structure","relational_id":50057,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":349522,"structure_id":50065,"section_number":"16.1-129","catch_line":"Offenses tried on warrants, or as provided in Chapter 7 of Title 19.2","url":"\/16.1-129\/","token":"16.1\/7\/2\/16.1-129","metadata":false},{"id":349519,"structure_id":50065,"section_number":"16.1-129.1","catch_line":"Repealed","url":"\/16.1-129.1\/","token":"16.1\/7\/2\/16.1-129.1","metadata":false},{"id":349520,"structure_id":50065,"section_number":"16.1-129.2","catch_line":"Procedure when warrant defective","url":"\/16.1-129.2\/","token":"16.1\/7\/2\/16.1-129.2","metadata":false},{"id":349521,"structure_id":50065,"section_number":"16.1-129.3","catch_line":"Repealed","url":"\/16.1-129.3\/","token":"16.1\/7\/2\/16.1-129.3","metadata":false},{"id":349523,"structure_id":50065,"section_number":"16.1-130","catch_line":"Repealed","url":"\/16.1-130\/","token":"16.1\/7\/2\/16.1-130","metadata":false},{"id":349525,"structure_id":50065,"section_number":"16.1-131","catch_line":"Subpoenas duces tecum and recognizances of witnesses; applicable provisions","url":"\/16.1-131\/","token":"16.1\/7\/2\/16.1-131","metadata":false},{"id":349524,"structure_id":50065,"section_number":"16.1-131.1","catch_line":"Procedure when constitutionality of a statute is challenged in a court not of record","url":"\/16.1-131.1\/","token":"16.1\/7\/2\/16.1-131.1","metadata":false},{"id":349526,"structure_id":50065,"section_number":"16.1-132","catch_line":"Right of appeal","url":"\/16.1-132\/","token":"16.1\/7\/2\/16.1-132","metadata":false},{"id":349528,"structure_id":50065,"section_number":"16.1-133","catch_line":"Withdrawal of appeal","url":"\/16.1-133\/","token":"16.1\/7\/2\/16.1-133","metadata":false},{"id":349527,"structure_id":50065,"section_number":"16.1-133.1","catch_line":"Reopening case after conviction","url":"\/16.1-133.1\/","token":"16.1\/7\/2\/16.1-133.1","metadata":false},{"id":349529,"structure_id":50065,"section_number":"16.1-134","catch_line":"Appeal by Commonwealth in revenue cases","url":"\/16.1-134\/","token":"16.1\/7\/2\/16.1-134","metadata":false},{"id":349530,"structure_id":50065,"section_number":"16.1-135","catch_line":"Bail and recognizance; papers filed with circuit court","url":"\/16.1-135\/","token":"16.1\/7\/2\/16.1-135","metadata":false},{"id":349531,"structure_id":50065,"section_number":"16.1-136","catch_line":"How appeal tried","url":"\/16.1-136\/","token":"16.1\/7\/2\/16.1-136","metadata":false},{"id":349532,"structure_id":50065,"section_number":"16.1-137","catch_line":"Procedure on appeal when warrant defective","url":"\/16.1-137\/","token":"16.1\/7\/2\/16.1-137","metadata":false},{"id":349533,"structure_id":50065,"section_number":"16.1-138","catch_line":"Repealed","url":"\/16.1-138\/","token":"16.1\/7\/2\/16.1-138","metadata":false}],"previous_section":{"id":349519,"structure_id":50065,"section_number":"16.1-129.1","catch_line":"Repealed","url":"\/16.1-129.1\/","token":"16.1\/7\/2\/16.1-129.1","metadata":false},"next_section":{"id":349521,"structure_id":50065,"section_number":"16.1-129.3","catch_line":"Repealed","url":"\/16.1-129.3\/","token":"16.1\/7\/2\/16.1-129.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-129.2\/","history_text":"

This law was first created in 1968. The record of its establishment is cataloged in chapter 495 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1968 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":false,"permalink":{"id":1389721,"object_type":"law","relational_id":349520,"identifier":"16.1-129.2","token":"16.1\/7\/2\/16.1-129.2","url":"\/16.1-129.2\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/16.1-129.2\/","token":"16.1\/7\/2\/16.1-129.2","dublin_core":{"Title":"Procedure when warrant defective","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-129.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Upon the trial<\/span> of a warrant, the court<\/span> may, upon its own motion<\/span> or upon the request either of the attorney for the prosecution<\/span> or for the accused<\/span>, amend<\/span> the form of the warrant in any respect in which it appears to be defective. But when the warrant is so defective in form that it does not substantially appear from the same what is the offense<\/span> with which the accused<\/span> is charged, or even when it is not so seriously defective, the judge<\/span> of the court<\/span> having examined on oath<\/span> the original complainant, if there be one, or if he sees good reason to believe that an offense<\/span> has been committed, then without examination of witnesses, may issue<\/span> under his own hand his warrant reciting the offense<\/span> and requiring the defendant<\/span> in the original warrant to be arrested and brought before him. Upon the arrest<\/span> of the defendant<\/span> on the new warrant and his production or appearance<\/span> in court<\/span> the trial<\/span> shall proceed upon the new warrant. When there is an amendment of the original warrant the trial<\/span> shall proceed on the amended warrant. But whether the warrant is amended or a new warrant is issued, the court<\/span> before proceeding to trial<\/span> on the same may grant a continuance<\/span> to the prosecution<\/span> or to the defendant<\/span> upon such terms as to costs as may be proper under the circumstances of the case; provided, however, that if the warrant be amended or if a new warrant be issued after any evidence<\/span> has been heard, the accused<\/span> shall be entitled to a continuance<\/span> as a matter of right.<\/p>

When a warrant is amended or a new warrant is issued the costs already accrued shall be taxed against the defendant<\/span>, if he is ultimately convicted, as a part of the costs arising under the new or amended warrant.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE WHEN WARRANT DEFECTIVE (\u00a7 16.1-129.2)\n\nUpon the trial of a warrant, the court may, upon its own motion or upon the\nrequest either of the attorney for the prosecution or for the accused, amend the\nform of the warrant in any respect in which it appears to be defective. But when\nthe warrant is so defective in form that it does not substantially appear from\nthe same what is the offense with which the accused is charged, or even when it\nis not so seriously defective, the judge of the court having examined on oath\nthe original complainant, if there be one, or if he sees good reason to believe\nthat an offense has been committed, then without examination of witnesses, may\nissue under his own hand his warrant reciting the offense and requiring the\ndefendant in the original warrant to be arrested and brought before him. Upon\nthe arrest of the defendant on the new warrant and his production or appearance\nin court the trial shall proceed upon the new warrant. When there is an\namendment of the original warrant the trial shall proceed on the amended\nwarrant. But whether the warrant is amended or a new warrant is issued, the\ncourt before proceeding to trial on the same may grant a continuance to the\nprosecution or to the defendant upon such terms as to costs as may be proper\nunder the circumstances of the case; provided, however, that if the warrant be\namended or if a new warrant be issued after any evidence has been heard, the\naccused shall be entitled to a continuance as a matter of right.\n\nWhen a warrant is amended or a new warrant is issued the costs already accrued\nshall be taxed against the defendant, if he is ultimately convicted, as a part\nof the costs arising under the new or amended warrant.\n\nHISTORY: 1968, c. 495.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}